Loading...
(a) Except as provided in divisions (c) and (d) of this section, no person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm, or make use of any sling or arrow, within the corporate limits of the municipality.
(b) No person shall, intentionally and without malice, point or aim a firearm at or toward another or discharge a firearm so pointed or aimed.
(c) This section does not extend to cases in which firearms, slings or arrows are used in self-defense, in the discharge of official duty or in justifiable homicide.
(d) This section does not extend to cases in which BB guns and other air guns, or slings or arrows, are used in the confines of dwellings, provided the use is under adult supervision and is approved by the Police Chief.
(e) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree.
(a) No person shall do any of the following:
(1) Without permission from the proper officials and subject to division (b)(1) of this section, discharge a firearm upon or over a cemetery or within 100 yards of a cemetery;
(2) Subject to division (b)(2) of this section, discharge of a firearm on a lawn, park, pleasure ground, orchard or other ground appurtenant to a schoolhouse, church or inhabited dwelling, the property of another or a charitable institution; or
(3) Discharge a firearm upon or over a public road or highway.
(b) (1) Division (a)(1) of this section does not apply to a person who while on the person’s own land, discharges a firearm.
(2) Division (a)(2) of this section does not apply to a person who owns any type of property described in that division and who, while on the person’s own enclosure, discharges a firearm.
(c) Whoever violates division (a) of this section is guilty of discharge of a firearm on or near prohibited premises. A violation of division (a)(1) or (a)(2) of this section is a misdemeanor of the fourth degree. A violation of division (a)(3) of this section shall be punished as follows:
(1) Except as otherwise provided in division (c)(2) of this section, a violation of division (a)(3) of this section is a misdemeanor of the first degree; and
(2) If the violation created a substantial risk of physical harm to any person, caused serious physical harm to property, caused physical harm to any person, or caused serious physical harm to any person, a violation of division (a)(3) is a felony to be prosecuted under appropriate state law.
(R.C. § 2923.162)
(EDITOR'S NOTE: Pursuant to Ordinance 2022-166, passed July 18, 2022, the Council of the City of Solon expressly opted out of the provisions set forth in H.B. 172, and reaffirmed the ban on discharging, igniting or exploding fireworks as set forth in Chapter 672 of the Codified Ordinances of the City of Solon. As a result of this opt-out, this ordinance bans the discharge, ignition, or explosion of fireworks purchased pursuant to Ohio Revised Code Section 3743.45 at any time of the day, month or year).
(a) Definitions. Unless otherwise provided, for the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) 1.3G FIREWORKS. Display fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation division 1.3 in Title 49 of the Code of Federal Regulations.
(2) 1.4G FIREWORKS. Consumer fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation division 1.4 in Title 49 of the Code of Federal Regulations.
(3) BEER. Has the same meaning as in R.C. § 4301.01.
(4) BOOBY TRAP. A small tube that has a string protruding from both ends that has a friction-sensitive composition and that is ignited by pulling the ends of the string.
(5) CIGARETTE LOAD. A small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
(6) CONTROLLED SUBSTANCE. Has the same meaning as in R.C. § 3719.01.
(7) DISCHARGE SITE. An area immediately surrounding the mortars used to fire aerial shells.
(8) FIREWORKS. Any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration or detonation, except ordinary matches and except as provided in R.C. § 3743.80.
(9) FIREWORKS INCIDENT. Any action or omission that occurs at a fireworks exhibition that results in injury or death, or a substantial risk of injury or death, to any person, and that involves either of the following:
A. The handling or other use, or the results of the handling or other use, of fireworks or associated equipment or other materials; or
B. The failure of any person to comply with any applicable requirement imposed by this section or R.C. Chapter 3743, or any applicable rule adopted under this section or R.C. Chapter 3743.
(10) FIREWORKS INCIDENT SITE. A discharge site or other location at a fireworks exhibition where a fireworks incident occurs, a location where an injury or death associated with a fireworks incident occurs, or a location where evidence of a fireworks incident or an injury or death associated with a fireworks incident is found.
(11) FIREWORKS PLANT. All buildings and other structures in which the manufacturing of fireworks, or the storage or sale of manufactured fireworks by a manufacturer, takes place.
(12) FOUNTAIN DEVICE. Means a specific type of 1.4G firework that meets all of the following criteria:
A. It is nonaerial and nonreport producing.
B. It is recognized and manufactured in accordance with sections 3.1.1 and 3.5 of APA standard 87-1 (2001 edition).
C. It is a ground-based or hand-held sparkler with one or more tubes containing a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition, with or without additional effects that may include a colored flame, audible crackling effect, audible whistle effect, or smoke.
D. It contains not more than 75 grams of the nonexplosive pyrotechnic mixture in any individual tube and not more than 500 grams or less for multiple tubes.
(13) HIGHWAY. Any public street, road, alley, way, lane or other public thoroughfare.
(14) INTOXICATING LIQUOR. Has the same meaning as in R.C. § 4301.01.
(15) LICENSED BUILDING. A building on the licensed premises of a licensed manufacturer or wholesaler of fireworks that is approved for occupancy by the building official having jurisdiction.
(16) LICENSED EXHIBITOR OF FIREWORKS or LICENSED EXHIBITOR. A person licensed pursuant to R.C. §§ 3743.50 through 3743.55.
(17) LICENSED FOUNTAIN DEVICE RETAILER or LICENSED RETAILER. Means a person licensed pursuant to R.C. § 3743.26.
(18) LICENSED MANUFACTURER OF FIREWORKS or LICENSED MANUFACTURER. A person licensed pursuant to R.C. §§ 3743.02 through 3743.08.
(19) LICENSED PREMISES. The real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business.
(20) LICENSED WHOLESALER OF FIREWORKS or LICENSED WHOLESALER. A person licensed pursuant to R.C. §§ 3743.15 through 3743.21.
(21) LIST OF LICENSED EXHIBITORS. The list required by R.C. § 3743.51(C).
(22) LIST OF LICENSED MANUFACTURERS. The list required by R.C. § 3743.03(C).
(23) LIST OF LICENSED WHOLESALERS. The list required by R.C. § 3743.16(C).
(24) MANUFACTURING OF FIREWORKS. The making of fireworks from raw materials, none of which in and of themselves constitute fireworks, or the processing of fireworks.
(25) NAVIGABLE WATERS. Any body of water susceptible of being used in its ordinary condition as a highway of commerce over which trade and travel is or may be conducted in the customary modes, but does not include a body of water that is not capable of navigation by barges, tugboats, and other large vessels.
(26) NOVELTIES and TRICK NOISEMAKERS.
A. Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers and snappers;
B. Snakes or glow worms;
C. Smoke devices; and
D. Trick matches.
(27) PARTY POPPER. A small plastic or paper item that contains not more than 16 milligrams of friction-sensitive explosive composition that is ignited by pulling a string protruding from the item, and from which paper streamers are expelled when the item is ignited.
(28) PROCESSING OF FIREWORKS. The making of fireworks from materials all or part of which in and of themselves constitute fireworks, but does not include the mere packaging or repackaging of fireworks.
(29) RAILROAD. Any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs and sidings installed and primarily used in serving a mine, quarry or plant.
(30) RETAIL SALE or SELL AT RETAIL. A sale of fireworks to a purchaser who intends to use the fireworks and not to resell them.
(31) SMOKE DEVICE. A tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(32) SNAKE or GLOW WORM. A device that consists of a pressed pellet of pyrotechnic composition that produces a large snake-like ash upon burning, which ash expands in length as the pellet burns.
(33) SNAPPER. A small paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand and that, when dropped, implodes.
(34) STORAGE LOCATION. A single parcel or contiguous parcels of real estate approved by the Ohio Fire Marshal pursuant to R.C. § 3743.04(I) or R.C. § 3743.17(F) that are separate from a licensed premises containing a retail showroom, and which parcel or parcels a licensed manufacturer or wholesaler of fireworks may use only for the distribution, possession, and storage of fireworks in accordance with this chapter.
(35) TRICK MATCH. A kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.
(36) WHOLESALE SALE or SELL AT WHOLESALE. A sale of fireworks to a purchaser who intends to resell the fireworks so purchased.
(37) WIRE SPARKLER. A sparkler consisting of a wire or stick coated with a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition and that contains no more than 100 grams of this mixture.
(R.C. § 3743.01)
(b) Manufacturing.
(1) No licensed manufacturer of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.05 or the requirements of R.C. § 3743.06.
(2) No licensed manufacturer of fireworks shall fail to maintain complete inventory, wholesale sale and retail records as required by R.C. § 3743.07, or to permit an inspection of these records or the premises of a fireworks plant or the wholesaler pursuant to R.C. § 3743.08.
(3) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to R.C. § 3743.08(B)(1) within the specified period of time.
(4) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to R.C. § 3743.08(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or the 72-hour period specified in those divisions has expired, whichever occurs first.
(5) No person shall smoke or shall carry a pipe, cigarette or cigar, or a match, lighter, other flame-producing item or open flame on, or shall carry a concealed source of ignition into, the premises of a fireworks plant, except as smoking is authorized in specified lunchrooms or restrooms by a manufacturer pursuant to R.C. § 3743.06(C).
(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer or controlled substance while on the premises of a fireworks plant.
(7) No licensed manufacturer of fireworks shall negligently fail to furnish a safety pamphlet to a purchaser of 1.4G fireworks as required by R.C. § 3743.47(A).
(8) No licensed manufacturer of fireworks shall negligently fail to have safety glasses available for sale as required by R.C. § 3743.47(B).
(R.C. § 3743.60(E) - (L))
(c) Wholesaling.
(1) No licensed wholesaler of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.18 or the requirements of R.C. § 3743.19.
(2) No licensed wholesaler of fireworks shall fail to maintain complete inventory, wholesale sale and retail records as required by R.C. § 3743.20, or to permit an inspection of these records or the premises of a fireworks plant or the wholesaler pursuant to R.C. § 3743.21.
(3) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to R.C. § 3743.21(B)(1) within the specified period of time.
(4) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to R.C. § 3743.21(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or the 72-hour period specified in those divisions has expired, whichever occurs first.
(5) No person shall smoke or shall carry a pipe, cigarette or cigar, or a match, lighter, other flame-producing item or open flame on, or shall carry a concealed source of ignition into, the premises of a wholesaler of fireworks, except as smoking is authorized in specified lunchrooms or restrooms by a wholesaler pursuant to R.C. § 3743.19(D).
(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer or controlled substance while on the premises of a wholesaler of fireworks.
(R.C. § 3743.61(E) - (J))
(d) Purchasing and transporting.
(1) No person who purchases fireworks in this municipality shall obtain possession of the fireworks in this municipality unless the person complies with R.C. §§ 3743.44 to 3743.46.
(2) Except for the purchase of 1.4G fireworks made under R.C. § 3743.45, no person who resides in another state and who purchases fireworks in this state shall obtain possession of fireworks in this state other than from a licensed manufacturer or wholesaler, or fail, when transporting 1.3G fireworks, to transport them directly out of this state within 72 hours after the time of their purchase.
(3) No person who purchases fireworks in this state under R.C. § 3743.45 shall give or sell to any other person in this municipality fireworks that the person has acquired in this state.
(R.C. § 3743.63)
(e) Prohibited activities by exhibitors.
(1) An exhibitor of fireworks licensed under R.C. §§ 3743.50 through 3743.55 who wishes to conduct a public fireworks exhibition shall apply for approval to conduct the exhibition to the Fire Chief or fire prevention officer and to the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, having jurisdiction over the premises.
(2) The approval required by division (e)(1) of this section shall be evidenced by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer, signing a permit for the exhibition. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the State Fire Marshal or, if available, from the Fire Chief, a fire prevention officer, the Police Chief or other similar chief law enforcement officer, or a designee of the Police Chief or other similar chief law enforcement officer.
(3) Before a permit is signed and issued to a licensed exhibitor of fireworks, the Fire Chief or fire prevention officer, in consultation with the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show his or her license as an exhibitor of fireworks to the Fire Chief or fire prevention officer.
(4) The Fire Chief or fire prevention officer and the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall give approval to conduct a public fireworks exhibition only if satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.53(B) and (E) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Fire Chief or fire prevention officer, in consultation with the Police Chief or other similar chief law enforcement officer or with the designee of the Police Chief or other similar chief law enforcement officer, may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke a permit for noncompliance with the rules.
(5) If the Council has prescribed a fee for the issuance of a permit for a public fireworks exhibition, the Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or their designee, shall not issue a permit until the exhibitor pays the requisite fee.
(6) Each exhibitor shall provide an indemnity bond in the amount of at least $1,000,000 with surety satisfactory to the Fire Chief or fire prevention officer and to the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death or loss to person or property emanating from the fireworks exhibitor, or proof of insurance coverage of at least $1,000,000 for liability arising from injury, death or loss of persons or property emanating from the fireworks exhibition. The Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this division (e)(6). The Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or their designee, shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this division (e)(6) or by the Council.
(7) Each permit for a fireworks exhibition issued by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall contain a distinct number, designate the municipality, and identify the certified fire safety inspector, Fire Chief or fire prevention officer who will be present before, during and after the exhibition, where appropriate. A copy of each permit issued shall be forwarded by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, issuing it to the State Fire Marshal. A permit is not transferable or assignable.
(8) The Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, shall keep a record of issued permits for fireworks exhibitions. In this list, the Fire Chief, fire prevention officer, Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, shall list the name of the exhibitor, his or her license number, the premises on which the exhibition will be conducted, the date and time of the exhibition, and the number and political subdivision designation of the permit issued to the exhibitor for the exhibition.
(9) The Council shall require that a certified fire safety inspector, Fire Chief or fire prevention officer be present before, during and after the exhibition, and shall require the certified fire safety inspector, Fire Chief or fire prevention officer to inspect the premises where the exhibition is to take place and determine whether the exhibition is in compliance with this section and R.C. Chapter 3743.
(R.C. § 3743.54)
(10) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.53(B) and (E) or to comply with R.C. § 3743.53(C) and (D).
(11) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to R.C. § 3743.54 or a substantially equivalent municipal ordinance, or if a permit so secured is revoked by a Fire Chief or fire prevention officer, in consultation with a Police Chief or other similar chief law enforcement officer, or with a designee of a Police Chief or other similar chief law enforcement officer, pursuant to those sections.
(12) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with R.C. §§ 3743.54 and 3743.55, or a substantially equivalent municipal ordinance.
(13) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have possession or control of, or be under the influence of, any intoxicating liquor, beer or controlled substance while on the premises on which the exhibition is being conducted.
(14) No licensed exhibitor of fireworks shall permit an employee to assist the licensed exhibitor in conducting fireworks exhibitions unless the employee is registered with the State Fire Marshal under R.C. § 3743.56.
(R.C. § 3743.64)
(f) Possession, sale, discharge and advertising; falsification.
(1) No person shall possess fireworks in this municipality or shall possess for sale or sell fireworks in this municipality, except a licensed manufacturer of fireworks as authorized by R.C. §§ 3743.02 to 3743.08, a licensed wholesaler of fireworks as authorized by R.C. §§ 3743.15 to 3743.21, a shipping permit holder as authorized by R.C. § 3743.40, a licensed fountain device retailer as authorized by R.C. § 3743.27, a person as authorized by R.C. §§ 3743.44 and 3743.45, or a licensed exhibitor of fireworks as authorized by R.C. §§ 3743.50 to 3743.55, or as authorized by any municipal ordinance that is substantially equivalent to any of these statutes, and except as provided in R.C. § 3743.80 or a substantially equivalent municipal ordinance.
(2) Except as provided in division (f)(8), R.C. §§ 3743.45 and 3743.80 or a substantially equivalent municipal ordinance, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to R.C. §§ 3743.50 through 3743.55 or a substantially equivalent municipal ordinance, no person shall discharge, ignite, or explode any fireworks in this municipality.
(3) No person shall use in a theater or public hall what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.
(4) No person shall sell fireworks of any kind to a person under 18 years of age. No person under 18 years of age shall enter a fireworks sales showroom unless that person is accompanied by a parent, legal guardian or other responsible adult. No person under 18 years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.
(5) Except as otherwise provided in R.C § 7343.44, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor or shipping permit holder shall possess 1.3G fireworks in this municipality. (R.C. § 3743.65(A) - (E))
(Ord. 2022-166, passed 7-18-2022)
(EDITOR'S NOTE: Pursuant to Ordinance 2022-166, passed July 18, 2022, the Council of the City of Solon expressly opted out of the provisions set forth in H.B. 172, and reaffirmed the ban on discharging, igniting or exploding fireworks as set forth in Chapter 672 of the Codified Ordinances of the City of Solon. As a result of this opt-out, this ordinance bans the discharge, ignition, or explosion of fireworks purchased pursuant to Ohio Revised Code Section 3743.45 at any time of the day, month or year).
(g) Transporting and shipping.
(1) No person shall transport fireworks in this municipality except in accordance with the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.58.
(2) As used in this division (g),
FIREWORKS includes only 1.3G and 1.4G fireworks. No person shall ship fireworks into this municipality by mail, parcel post or common carrier unless the person possesses a valid shipping permit issued under R.C. § 3743.40, and the fireworks are shipped directly to the holder of a license issued under R.C. § 3743.03, 3743.16 or 3743.51.
(3) No person shall ship fireworks within this municipality by mail, parcel post or common carrier unless the fireworks are shipped directly to the holder of a license issued under R.C. § 3743.01, 3743.16 or 3743.51.
(R.C. § 3743.66)
(h) Exceptions. This section does not prohibit or apply to the following:
(1) The manufacture, sale, possession, transportation, storage or use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation or highway use;
(2) The manufacture, sale, possession, transportation, storage or use of fusees, torpedoes or other signals necessary for the safe operation of railroads;
(3) The manufacture, sale, possession, transportation, storage or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals for ceremonial purposes;
(4) The manufacture for, the transportation, storage, possession or use by, or the sale to the armed forces of the United States and the militia of this state, as recognized by the Adjutant General of Ohio, of pyrotechnic devices;
(5) The manufacture, sale, possession, transportation, storage or use of toy pistols, toy canes, toy guns or other devices in which paper or plastic caps containing 0.25 grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage or use of those caps;
(6) The manufacture, sale, possession, transportation, storage or use of novelties and trick noisemakers, auto burglar alarms or model rockets and model rocket motors designed, sold and used for the purpose of propelling recoverable aero models;
(7) The manufacture, sale, possession, transportation, storage or use of wire sparklers; and
(8) The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges; provided, that the exhibition complies with all of the following:
A. No explosive aerial display is conducted in the exhibition;
B. The exhibition is separated from spectators by not less than 200 feet; and
C. The person conducting the exhibition complies with regulations of the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury and the United States Department of Transportation with respect to the storage and transport of the explosive black powder used in the exhibition.
(R.C. § 3743.80)
(i) Forfeiture and disposal. Fireworks manufactured, sold, possessed, transported or used in violation of this section shall be forfeited by the offender. The Fire Marshal’s office or certified fire safety inspector’s office shall dispose of seized fireworks pursuant to the procedures specified in R.C. §§ 2981.11 to 2981.13 for the disposal of forfeited property by law enforcement agencies, and the Fire Marshal or that office is not liable for claims for the loss of or damages to the seized fireworks.
(R.C. § 3743.68(B))
(j) Penalty.
(1) Except as otherwise provided in division (j)(2) or (j)(3) of this section, whoever violates any provisions of this section is guilty of a misdemeanor of the first degree.
(2) If the offender previously has been convicted of or pleaded guilty to a violation of R.C. § 3743.60(I) or 3743.61(I), or a substantially equivalent municipal ordinance, a violation of division (b)(5) of this section or division (c)(5) of this section is a felony to be prosecuted under appropriate state law.
(3) Whoever violates division (e)(10) of this section is guilty of a misdemeanor of the first degree. In addition to any other penalties that may be imposed on a licensed exhibitor of fireworks under this division and unless the third sentence of this division applies, the person’s license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be suspended. If the violation of division (e)(10) of this section results in serious physical harm to persons or serious physical harm to property, the person’s license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be revoked.
(4) Whoever violates division (f)(6) is guilty of a misdemeanor of the first degree. Notwithstanding any other provision of law to the contrary, a person may be convicted at the same trial or proceeding of a violation of division (f)(6) and a violation of R.C. § 2917.11(B), or a substantially equivalent municipal ordinance, that constitutes the basis of the charge of the violation of division (f)(6).
(5) Whoever violates division (b)(7), (b)(8), (c)(7), or (c)(8) is guilty of a misdemeanor of the second degree.
(6) Whoever violates division (f)(7) is guilty of a minor misdemeanor.
(R.C. § 3743.99(C), (D), (F) - (H))
(a) No person shall sell, furnish or give to a minor, or buy for a minor, a knife commonly known as a switchblade knife, or any other weapon of like nature, and no minor shall own or have charge or control of such weapon.
(b) No person shall sell, furnish or give to a minor, or buy for a minor, and no minor shall possess, a knife having a blade of two and one-half inches or more, except where the use thereof is incidental to, necessary for, and in proximity to, the preparation of food or household or business purposes.
(c) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1964 Code, § 549.11)
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) AIR GUN. A hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide or other gas.
(2) AIRPORT OPERATIONAL SURFACE. Any surface of land or water that is developed, posted or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.
(3) FIREARM. Has the same meaning as in R.C. § 2923.11.
(4) SPRING-OPERATED GUN. A hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.
(b) No person shall do either of the following:
(1) Knowingly throw an object at, or drop an object upon, any moving aircraft; or
(2) Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun or spring-operated gun, at or toward any aircraft.
(c) No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun or spring-operated gun, upon or over any airport operational surface. This division (c) does not apply to the following:
(1) An officer, agent or employee of this or any other state or of the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of his or her duties; or
(2) A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.
(d) Whoever violates division (b) of this section is guilty of endangering aircraft, a misdemeanor of the first degree. If the violation creates any risk of physical harm to any person, or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony to be prosecuted under appropriate state law.
(e) Whoever violates division (c) of this section is guilty of endangering airport operations, a misdemeanor of the second degree. If the violation creates a risk of physical harm to any person or substantial risk of serious harm to any person, endangering airport operations is a felony to be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for the violation, the hunting license or permit of a person who violates division (c) of this section while hunting shall be suspended or revoked pursuant to R.C. § 1533.68.
(R.C. § 2909.08(A) - (E))
(a) No person shall possess or have under his or her control any substance, device, instrument or article, with purpose to use it criminally.
(b) Each of the following constitutes prima facie evidence of criminal purpose:
(1) Possession or control of any dangerous ordnance, or the materials or parts for making a dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials or parts are intended for a legitimate use;
(2) Possession or control of any substance, device, instrument or article designed or specially adapted for criminal use; and
(3) Possession or control of any substance, device, instrument or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.
(c) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division (c), possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony to be prosecuted under appropriate state law.
(R.C. § 2923.24)
(a) No person shall knowingly possess an object in a school safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether or not the object is capable of being fired; and
(2) The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
(b) (1) This section does not apply to any of the following:
A. An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
B. A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
C. A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
D. 1. Any person not described in divisions (b)(1)A. to (b)(1)C. of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
a. Either the person has successfully completed the curriculum, instruction, and training established under R.C. § 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
b. The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority.
2. A district board or school governing body that authorizes a person under division (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as R.C. § 3319.39 or R.C. § 3319.391.
E. Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of R.C. § 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in division (b)(1)E. of this section does not apply to the person.
(2) This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
(3) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
A. The person does not enter into a school building or onto school premises and is not at a school activity;
B. The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in R.C. § 2923.125(G)(1).
C. The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B); and
D. The person is not knowingly in a place described in R.C. § 2923.126(B)(1) or (B)(3) to (B)(8).
(4) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance or possession of the handgun all of the following apply:
A. The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in R.C. § 2923.125(G)(1).
B. The person leaves the handgun in a motor vehicle.
C. The handgun does not leave the motor vehicle.
D. If the person exits the motor vehicle, the person locks the motor vehicle.
(c) Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division (c), illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony to be prosecuted under appropriate state law.
(d) (1) In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to division (d)(2) of this section, if the offender has not attained 19 years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the Director of Education and Workforce prescribes minimum standards under R.C. § 3301.07, the court shall impose upon the offender a class four suspension of the offender's probationary driver's license, restricted license, driver's license, commercial driver's license, temporary instruction permit or probationary commercial driver's license that then is in effect from the range specified in R.C. § 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this state, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in R.C. § 4510.02(A)(4).
(2) If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in division (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in division (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in division (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
(e) As used in this section,
OBJECT THAT IS INDISTINGUISHABLE FROM A FIREARM means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(R.C. § 2923.122(C) - (G))
Statutory reference:
Conveyance or possession of deadly weapons or dangerous ordnance in a school safety zone, felony offense, see R.C. § 2923.122(A), (B)
Loading...